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Freight charges / Article 5

Writing a demurrage dispute.

The window, the ground, the evidence, and a simple outline you can follow.

A good dispute is short, specific and easy to check. The person reading it should be able to confirm every point against their own system without asking you a single question.

Send it inside the window

Under the FMC billing rules, the billing party must give you at least 30 calendar days from the invoice date to request mitigation, refund or waiver. Once it receives your request, it must try to resolve it within 30 calendar days, or a later date you both agree to (46 CFR 541.8). The invoice must list where to send questions and requests, so use that contact.

Pick the right ground

There are two kinds of grounds, and it helps to keep them apart.

  • The invoice itself is not valid: required information is missing (46 CFR 541.5 and 541.6) or it was issued more than 30 days after the last day charged (46 CFR 541.7).
  • The charge is wrong on the facts: free time counted wrong, days billed after the container was returned, the wrong rate tier, or days the container could not move.

If the invoice has a validity problem, say so first. If it is valid, argue the facts.

Attach the evidence

  • The invoice
  • Gate out and empty return records, or the availability notice for imports
  • The contract or tariff section that sets free time and rates
  • Emails or screenshots showing closures, holds or missing return appointments

A simple outline

Example only. Replace everything in brackets with your own details.

  • Subject: Request for waiver, invoice [number], B/L [number]
  • Opening: We request a waiver of [amount] on invoice [number] dated [date], for containers [numbers].
  • Ground: The invoice does not show [missing item], which is required under 46 CFR 541.6. Or: Free time ended on [date], but charges begin on [date].
  • Evidence: A short table of each container with the invoice dates next to your record dates.
  • Request: Please confirm the waiver or send a corrected invoice.
  • Close: Your name, company and the best way to reach you.

Keep it factual

No threats, no long history, no emotion. Dates, rules and documents do the work. Keep a copy of what you sent and the date you sent it.

If it is not resolved

For charges assessed on or after June 16, 2022, a charge complaint to the FMC is another route, with no statute of limitations. The 2022 lookback

Zenmul prepares dispute files with the evidence lined up for each invoice worth raising. You review it, and you submit it yourself.

Learn about the freight charge review All articles

This article is general information, not legal advice.